Seanad debates

Wednesday, 2 December 2009

Criminal Procedure Bill 2009: Committee Stage (Resumed)

 

3:00 pm

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)

Amendments Nos. 38 and 39 are technical amendments. Amendment No. 38 substitutes subsection (10) for section 17(10). The effect of the substitution is that paragraph (b) of subsection (10) is deleted. Paragraph (b) provides that nothing in this section shall effect any power conferred by law apart from this section in regard to the arrest, detention or transfer of persons in prisons or children in detention schools.

Section 17 sets out the circumstances in which a District Court judge may issue a warrant for the arrest of a person who is in prison or in a children's detention school in connection with the person's suspected involvement in an offence for which he or she has already been acquitted. The arrest is for the purpose of confirming or revealing the existence of new and compelling evidence.

Subsection (10)(b) was inserted as a safeguard to ensure that section 17 did not restrict other arrests, detentions or transfer powers in respect of prisoners or children in detention — for example, the power to arrest such persons in connection with an offence other than the offence for which the person was acquitted. However, on reflection, the Parliamentary Counsel advised that it serves no practical purpose.

Amendment No. 39 is similar to amendment No. 38. It also arises following further consideration of section 18(8) by the Parliamentary Counsel. The amendment substitutes section 18(8). In effect, it deletes subparagraph (b) of subsection (8) which provides that nothing in section 18 shall affect the operation of any power conferred by law apart from this section in regard to the search of any place or person. Subsection (8)(b) was inserted as a safeguard to ensure that section 18 did not have unintended consequences for other search powers such as the power to apply for a search warrant in regard to property owned by an acquitted person in connection with an investigation into his or her involvement in another offence. On reflection again, the Parliamentary Counsel advised that it serves no practical purpose.

I am satisfied sections 17 and 18 are drafted in sufficiently clear terms to avoid any unintended consequences for other arrest and search powers.

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